IJAZ HUSSAIN WALLANA versus BOARD OF REVENUE, PUNJAB, LAHORE THROUGH SENIOR MEMBER
Sections 6, 11, 17 (4r) and 18 Punjab Land Rules, 1983, R12 Constitution of Pakistan (1973), Article 199 Constitution Petition for Acquisition of Land / Land was approved by the National Highway Authority (NHA) in 1994. Was acquired during The Land Acquisition Act, 1894 and the matter were referred to the District Evaluation Committee (DAC) to assess its value. The Committee assessed the value of the land and conveyed its decision to the EDO (R) to get the approval of the Board of Revenue under R12 of Punjab. A notification issued under the Land Acquisition Act, 1894, under section 17 (4) and 6 of the Land Acquisition Rules, 1983, was also approved by the Board of Revenue in 2005 for estimating the cost of land. ? Board of Revenue approves and publishes award The Board of Revenue declared the award illegal and the Land Acquisition Collector withdrew the award with the news that a new award would be awarded to the applicant. Under the rules established under the Land Acquisition Act, 1894 for Punjab, the value has to be assessed as it was in the present case, and the Land Acquisition Collector was not authorized to award any award. There was no provision in the Land Acquisition Act, 1894, at a rate lower than the approved land cost, under which the Board of Revenue could interfere with the award given under section 11 of the Land Acquisition Act, 1894 High. The court granted the constitutional application filed by the landlord and the order of the Provincial Board of Revenue for the cancellation of the award was declared invalid and the constitutional application of the petitioner was made under section 18 of the Land Acquisition Act 1894.
Related judgments — Lahore High Court Lahore, 2009